Service Level Agreement

100% Network Uptime Guarantee

In the event that network connectivity for your contracted services is unavailable for any amount of time outside of the Scheduled/Announced Maintenance periods in any calendar month, one full day’s service credit will be awarded for each hour of downtime. The maximum credit awarded in any calendar month will not exceed 100% of that month’s service fees.

100% Power Uptime Guarantee

In the event that power for your contracted services is unavailable for any amount of time outside of the Scheduled/Announced Maintenance periods in any calendar month, one full day’s service credit will be awarded for each hour of downtime. The maximum credit awarded in any calendar month will not exceed 100% of that month’s service fees.

Latency Guarantee

Nibble Netwrx LLC guarantees that the average monthly latency for round-trip transmissions will be 85 milliseconds or less within the continental United States. Latency is calculated by averaging measurements between various points on the Nibble Netwrx LLC network during the calendar month. If our average latency exceeds 85 millisecond over a one month period, one full week’s service credit will be awarded.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency if caused by or associated with:

Circumstances beyond Nibble Netwrx LLC reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.

Failure of access unless such failure is caused solely by Nibble Netwrx LLC scheduled and emergency maintenance and upgrades.

DNS issues outside the direct control of Nibble Netwrx LLC.

Claims

All claims for credit under this guarantee must be submitted to the Nibble Netwrx LLC via Help Desk ticket and should be received no later than 7 days after the incident to which they relate. Customer must be current on all invoices in order to receive credit and all SLA credits will be applied to the next month’s invoice.